Terms of Service

1.Agreement to these Terms

These Terms of Service (“Terms”) form a binding agreement between you and lolpick(“we”, “us”) governing your use of the KidSafeScanmobile application and this website (together, the “Service”). By downloading, installing, or using the Service you accept these Terms. If you do not accept them, do not use the Service.

You must be at least 18 years old, or the age of majority in your jurisdiction, to accept these Terms and to purchase a subscription.

2.What the Service does

You enter the allergens and restricted ingredients that apply to each member of your household. The Service reads a product’s barcode or its printed ingredient panel, matches the text against those entries and against our allergen alias dictionary, and returns one of three verdicts — Safe, Caution, or Avoid — for each person.

Verdicts are produced by a deterministic rules engine. Where the Service cannot reach a confident conclusion, it reports that it cannot tell rather than returning “Safe”.

3.Safety, accuracy, and your responsibility

You acknowledge and agree that:

• Product and ingredient data comes in part from public datasets and from user submissions, and may be incomplete, outdated, or incorrect.
• Text recognition from photographs can misread labels, particularly on curved, glossy, damaged, or poorly lit packaging.
• Advisory statements such as “may contain” and “made on shared equipment” are voluntary in the United States. They are not tested or regulated, their absence does not mean a product is free of cross-contact, and we treat them conservatively precisely because they cannot be relied upon.
• A “Safe” verdict means only that the Service found no match in the data available to it. It is not a guarantee that a product is safe for any individual.
• You remain solely responsible for decisions about what you and those in your care eat. Consult a qualified allergist or physician about your family’s specific medical needs, and follow your emergency action plan if a reaction occurs. In an emergency, call 911 or your local emergency number.

4.Your account and your data

You are responsible for the accuracy of the allergen information you enter and for keeping it current. If you set a family member’s reaction severity lower than their actual clinical severity, the Service will apply a less conservative standard to that person.

Your family’s profiles are stored on your device and in your own iCloud account. See our Privacy Policy for full detail. You are responsible for maintaining the security of your device.

5.Subscriptions, billing, and cancellation

The Service offers a free tier and optional auto-renewing subscriptions:

Prices are in US dollars and may vary by storefront.

• Payment is charged to your Apple ID account at confirmation of purchase.
• Your subscription renews automatically unless auto-renew is turned off at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours prior to the end of the current period, at the price of the plan you selected.
• You can manage your subscription and turn off auto-renew in your Apple ID Account Settings after purchase.
• Cancelling stops future renewals. The current period continues until it expires; we do not provide partial-period refunds.
• Refunds are handled by Apple under the App Store terms. Contact Apple Support to request one.
• If a free trial is offered, any unused portion is forfeited when you purchase a subscription.

We may change subscription pricing. Changes take effect at your next renewal, and we will give you notice and an opportunity to cancel beforehand as required by the App Store.

Verdicts are never restricted by subscription tier. Paid plans expand scan volume and convenience features; safety information is available on the free tier.

6.Licence

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for your own personal, non-commercial purposes.

You agree not to:

• Copy, modify, reverse engineer, decompile, or create derivative works from the Service, except to the extent this restriction is prohibited by applicable law;
• Scrape, bulk-extract, or resell our allergen dictionary, verdict logic, or product data;
• Use the Service to provide allergen screening as a commercial service to third parties, including in food service or retail, without our written agreement;
• Interfere with the Service, circumvent usage limits, or submit deliberately false product information.

7.Intellectual property and third-party data

The Service, including the allergen alias dictionary and the verdict rules engine, is owned by us and protected by intellectual property law. These Terms grant you no rights in it other than the licence in Section 6.

Product records derive in part from Open Food Facts, licensed under the Open Database License v1.0, and from the USDA FoodData Central branded foods dataset, which is in the public domain. Your use of that data is subject to those licences.

If you submit product information to us, you grant us a worldwide, royalty-free licence to use, reproduce, and distribute it as part of the Service and to contribute corrections back to the source datasets.

8.Changes to the Service

We may modify, suspend, or discontinue any part of the Service. Where a change materially reduces functionality you have paid for, you may cancel your subscription and, if required by law, receive a pro-rata refund.

9.Disclaimer of warranties

To the fullest extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.

We do not warrant that verdicts are accurate, complete, or suitable for any individual’s medical circumstances.

Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.

10.Limitation of liability

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, or goodwill, arising out of or relating to your use of or inability to use the Service.

Our total aggregate liability arising out of or relating to the Service will not exceed the greater of the amount you paid us in the twelve months preceding the event giving rise to the claim, or fifty US dollars ($50).

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, for fraud, or under any applicable consumer protection law. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

11.Indemnity

You agree to indemnify and hold us harmless from claims arising out of your misuse of the Service or your breach of these Terms. This does not apply to claims arising from our own negligence or wilful misconduct.

12.Termination

You may stop using the Service at any time by deleting the App. We may suspend or terminate your access if you materially breach these Terms. Sections 3, 7, and 9 through 14 survive termination.

13.Additional terms for applications from the Apple App Store

The following applies where you obtained the App through the Apple App Store:

• Parties. These Terms are concluded between you and lolpickonly, and not with Apple Inc. (“Apple”). We, not Apple, are solely responsible for the App and its content.
• Scope of licence. The licence granted to you is a non-transferable licence to use the App on any Apple-branded product that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with you via Family Sharing or volume purchasing.
• Maintenance and support. We are solely responsible for providing any maintenance and support services for the App. Apple has no obligation to furnish any maintenance and support services.
• Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
• Product claims. We, not Apple, are responsible for addressing any claims relating to the App or your possession and use of it, including product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
• Intellectual property claims. In the event of any third-party claim that the App or your possession and use of it infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of that claim.
• Legal compliance. You represent and warrant that you are not located in a country subject to a US Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any US Government list of prohibited or restricted parties.
• Developer contact. Questions, complaints, or claims with respect to the App should be directed to lolpick, [Street address, City, State ZIP, United States], support@kidsafescan.com.
• Third-party terms. You must comply with applicable third-party terms of agreement when using the App.
• Third-party beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

14.Governing law and disputes

These Terms are governed by the laws of the State of [State] and the United States, without regard to conflict of law rules. Disputes will be brought in the state or federal courts located in [State], and you and we consent to their jurisdiction — except that either party may bring an individual claim in small claims court, and nothing prevents you from bringing a complaint to a consumer protection agency in your jurisdiction.

15.General

These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service. If any provision is held unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger or sale of assets.

We may update these Terms. We will change the “last updated” date and, for material changes, notify you in the App before they take effect.

16.Contact us

lolpick
[Street address, City, State ZIP, United States]
support@kidsafescan.com